City Council Agendas & Minutes

i m City of Hampton VA 22 Lincoln Street Hampton VA 23669 Meeting Minutes www hampton gov o City Council W H Billy Hobbs Jr Christopher G Stuart Will Moffett Donnie R Tuck Chris Snead George E Wallace Molly Joseph Ward Mayor Staff Mary Bunting City Manager Cynthia Hudson City Attorney Katherine K Glass CMC Clerk of Council Wednesday February 27 2013 1 00 PM Council Chambers 8th Floor City Hall CALL TO ORDER ROLL CALL MOLLY JOSEPH WARD PRESIDED PRESENT W H Billy Hobbs Jr Will Moffett Chris Snead Christopher G Stuart Donnie R Tuck ABSENT George E Wallace AGENDA 1 13 0072 Accounting Report on Undercover Cigarette Operation City Manager Mary Bunting noted that several months ago a full review of the finances and expenses of the undercover cigarette operation by external auditors was requested by the City Manager s Office She introduced Mr Bob Bielat a partner with Cherry Bekaert LLP who would provide the findings of his firm s review The extent and scope of the procedures that would be appropriate given the operation were discussed between the City Manager s Office and Mr Bielat She noted that the cover letter made reference to these meetings making the report as comprehensive and exhaustive as possible The purpose of this detailed report is to ensure that both the Council and community could have an accounting of what happened during the operation The cover letter and full report are available online Mr Bielat stated that when the project was initially approached it was the City Manager s intention that a complete audit be performed in accordance with Generally Accepted Auditing Standards GAAS Subsequent to that initial meeting his firm interviewed people in connection with the examination and has a preliminary review of the existing records which determined that an audit could not be completed Formal books and records are kept financial statements are presented and there is an existing structure of internal control provided for the auditing firm to rely on to assess the risk that a material misstatement may or may not exist A lot of formal records did not exist in this case Because of this a team was formed with representatives throughout the City from the City Attorney s Office the City Manager s Office the Hampton Police Division and Page 1 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes the Finance Department This team discussed the types of procedures that could be performed and all these procedures were performed in accordance with Attestation Standards that are promulgated by the American Institute of Certified Public Accountants AICPA He noted that the City did not restrict or inhibit any of the procedures recommended by the firm and supplied more procedures to the review than anticipated He also noted that not every possible procedure that the Council may have a question on was performed but he believes the report is comprehensive and will provide transparency a full accountability of the cash receipts and disbursements that was provided in the available data Mr Bielat stated that this operation was a joint operation between the Federal Bureau of Alcohol Tobacco Firearms and Explosives ATF and the Hampton Police Division HPD on a regional effort The policies and procedures that were set in place were drafted using documents from other police departments doing similar activities The six month period of ATF involvement spanned from July 1 2010 through December 31 2010 Their procedures provided for preparing underlying accounting information that might have been of an auditable nature There were no records and the firm secured the existing bank statements for that period of time In December of 2010 ATF pulled out of the operation and the HPD continued it alone There was a lapse of time before formal accounting records could be established the three month period of January 1 2011 through March 31 2011 Formal accounting records were established from April 1 2011 through March 31 2012 Thereafter the formal accounting records were suspended He stated that his firm used copies of bank statements secured from the banking institution to provide a full detail of receipts and disbursements That information is included in the report The activity is divided into two parts the first six months of the operation wherein the ATF was involved and the remaining 24 months carrying the procedures through December 31 2012 There was no activity in the month of January 2013 Mr Bielat turned to the report and noted that it was a lengthy detailed document to allow for transparency and full accountability Pages 5 and 6 are a summary of the receipts and disbursements by month as displayed on the bank statements He noted that this was divided into two accounts Page 5 is the operating checking account and page 6 is a savings account This money has been compared to the current account balances and has proven to be accurate and in existence He noted that following pages 5 and 6 the report shows a full transactional detail for each time period Schedule A 1 reflects the receipts and disbursements for the joint activity between the AFT and HPD Schedule A 2 reflects the activity post ATF involvement Mr Bielat stated that after compiling all the information his firm established procedures they believed to be of merit to see if there was documentary evidence supporting these transactions Because some information was unavailable there are details listed on an exceptions page The first test applied determined if there was underlying sales information to support the deposits that had been made to the bank Sales information did exist while the HPD was running the operations so his firm was able to track the inventory and the deposits Schedule B reflects deposits to the bank for sales for which there was no documentary evidence Mr Bielat stated that the second procedure performed examined the underlying invoices for all cash disbursements Schedule C represents disbursements without documentary evidence Most of these charges were made by automatic debits through bank cards On Page 2 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes page 43 there is a summary of those disbursements by key vendors Many of them are telephone and utility bills Mayor Ward clarified that page 31 listed the deposits that were not supported by documents and page 32 was the disbursements Mr Bielat confirmed that page 31 was deposits without supporting sales invoices Schedule C is disbursements without a cancelled invoice that would indicate approval as an expense for Blue Water Tobacco Company Vice Mayor Wallace arrived at 1 14 p m Ms Bunting noted that on page 43 at the end of Schedule C there is a summary of those transactions that did not have receipts or bills on file into categories It just categorizes all the information from the preceding pages Mr Bielat agreed and stated that there were certain expenses that were recurring and the purpose seemed obvious but there was no underlying invoice to corroborate the information Ms Bunting stated that there were expenses such as 12 000 for Verizon Wireless 4 000 for Dominion Power 2 000 for security systems etc and theoretically those bills could be tracked down from those companies but they are not currently on file and there wasn t an effort to obtain those past bills Mr Bielat confirmed that statement Councilman Moffett noted that page 43 seemed straightforward that there were a number of vendors paid albeit without documentation He noted there was one exception a cash withdrawal He asked if there were any other things that could not be reasonably explained Mr Bielat stated that he cannot confirm that these payments were made for products or services directly related to the operation because of the lack of underlying invoices but he expected if the City wished to go to the vendors and ask for the invoices it could be confirmed Councilman Moffett stated that the only exception he could see was the 6 200 in cash that was unaccounted for and just wanted to be sure he was looking at that information correctly Councilman Stuart asked if the unaccounted for cash withdrawal was a singular transaction or several over time Mr Bielat stated that it was one transaction but Councilwoman Snead noted that it was two transactions as detailed on page 36 Ms Bunting asked if this was the withdrawal that was deposited back into the account the next day Mr Bielat stated that the transaction she was referring to is listed as an exception since the money can be accounted for Councilman Moffett asked Mr Bielat to give his credentials for his edification and for those that may be unfamiliar with his firm Mr Bielat noted that Cherry Bekaert and Holland is a regional firm among the top 30 in the Nation They are most prominent from Virginia to Florida There are 29 offices throughout that region He stated that he is out of the Virginia Beach office and has been a Certified Public Accountant CPA for almost 40 years certified in 1974 He noted that his firm does much of this type of work and the formal report is in accordance with AICPA Standards with all required language informing the public that it is not an audit in accordance with GAAS There is also language that indicates if other procedures were performed there might be different information reported This is just a disclaimer since it is not possible for a group to think of every possible procedure Page 3 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes Councilman Tuck noted that the cover letter submitted with the report has a date of February 15 He asked if this was the date of completion for the report Mr Bielat confirmed that February 15th is the completion date Mr Bielat stated that as a follow up for testing the disbursements for underlying supporting documentation the policies and procedures manual that had been put together by the HPD and the ATF stated that all disbursements greater than 7 500 required the approval of a section supervisor and any disbursement less than 7 500 required the approval of the officer in charge Schedule D summarizes transactions greater than 7 500 that did not have the appropriate approval and Schedule E summarizes the transactions less than 7 500 that did not have the appropriate approval He noted there was a petty cash account kept on hand for minor disbursements Those particular records were contained in the formal accounting records maintained by the HPD Schedule F provides the detailed accounting of each of those transactions that occurred in the petty cash account The firm identified and counted the petty cash fund and those funds were intact Councilman Stuart asked for a definition of the word intact Mr Bielat stated this means the money actually existed Councilman Stuart asked if by looking at Schedule F the firm noted any malfeasance related to the petty cash fund Mr Bielat noted that there was not a lot of documentary evidence but in reviewing Schedule F there was nothing he noted out of the ordinary Councilman Stuart stated he assumed Mr Bielat had done this sort of work before in the 40 years he d been a CPA and asked if the petty cash fund is generally a barometer for other problems in the larger accounts Mr Bielat noted that petty cash funds are looked at in most audit situations for signs of abnormal deposits or disbursements but the nature of the fund is so small it is only for small expenditures Councilman Tuck asked about a deposit detailed on page 9 made on October 8 2010 labeled Deposit TR 2463 75 Cash Deposit with a receipt of 17 142 00 He was curious why it was labeled as two different amounts Mr Bielat noted that the first dollar sign Councilman Tuck was seeing was actually an S a symbol used by the bank on the bank statement Councilman Tuck then asked if there were receipts for the wired funds and where they were going Mr Bielat noted that they did have receipts in certain cases for example the purchasing of the cigarettes used in the operation Those were clearly identified and auditable transactions with the vendor companies There were even purchase orders and documentary evidence for those transactions Councilman Tuck noted that he was surprised not all the cigarette purchases were from cigarette companies rather than from other law enforcement agencies The purchase of product was approximately 200 000 Mr Bielat asked what page of the report Councilman Tuck was reading the information from and Councilman Tuck requested a few moments to find the exact entry Councilwoman Snead noted that most of the transactions even the ones for which there were no receipts were well under 100 Mr Bielat confirmed her statement Councilman Stuart stated that his initial summary of the document is that it appears incredibly mundane especially with how much anticipation Council and the City had experienced waiting for this report He noted there was very little out of the ordinary as far as a regular business He asked if there was any sort of gross malfeasance that he Page 4 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes was missing Mr Bielat stated that he couldn t say unequivocally that there wasn t some malfeasance but the majority of the transactions were for the purchase and sale of cigarettes along with the ancillary expenses associated with that He noted that the officers were involved with training with the ATF on how to conduct this type of operation There was travel and meals with the suspects to set up deals and try to obtain an arrest There were a lot of repetitive and small transactions but the report supplies the full accountability of what the firm saw Councilman Stuart noted there was great anticipation of more sizzle but it looks like the books of any other firm that size paying their normal bills Mr Bielat stated that he did not really see anything out of the ordinary during the course of this project There was nothing that made him believe additional work needed to be done Councilman Stuart asked if this was like other cases of theft and embezzlement Mr Bielat stated that this was a mostly cash operation and he could not answer for sure if all the money got into the account that was supposed to be there Councilman Tuck located the object of his earlier question and referred to page 27 Mr Bielat stated that this was the sale of the remaining inventory to the Shenandoah Sheriff s Department when the operation was closed down Councilman Tuck then noted that there was receipt of 1 penny on page 32 as a wire out fund Mayor Ward stated she has seen that when a company is trying to test an internet payment Mr Bielat stated that 1 penny transaction was a follow up to a transaction on page 13 for a large transaction for the purchase of vehicles The invoice supporting that purchase was for 1 penny less than what was charged so this was a 1 penny deposit from the company to balance it out Ms Bunting asked for clarification regarding the wire transfers of money Schedule C shows wire fees that don t show documentation but she doesn t see wire transfers to another bank account or entity that doesn t have supporting documentation Mr Bielat confirmed that those were normal wire fees that would be charged by a bank for the transactions that were accounted for the fees just did not have documentation Ms Bunting stated she didn t want to leave anyone with the impression that these showed a wire out that couldn t be explained Mr Bielat confirmed that these were just the service charges Councilman Tuck asked if the operation was shut down in March 2012 Ms Bunting stated that she believes it was closer to January 2012 when then Police Chief Chuck Jordan shut down the operation and asked State Police to come in As previously discussed there were ongoing requirements associated with the lease and utilities that continued to accrue When the City became aware that the lease was concluded all remaining charges were shut down as quickly as possible There were some difficulties because depending upon the utility account they were set up under different undercover names not all of whom were in the City s employ Even though the Chief had shut down the operation there were expenses that the City was legally required to incur Councilman Tuck stated he just wanted clarification because there were no receipts after March 2012 until a 366 77 receipt in December 2012 as indicated on page 5 Ms Bunting stated she believed all those expenses were utilities Councilwoman Snead clarified that Councilman Tuck had meant there was a receipt of money into the City Mr Bielat referred to page 30 and noted that was a refund from the Sirius XM Radio after cancelling the service Councilman Moffett asked based on the information available if it is correct that there was no indication or evidence of theft Mr Bielat stated that based on the information City of Hampton VA Page 5 of 24 Printed on 41212013 City Council Meeting Minutes available that was true Councilman Moffett stated that it was a fact that there was a lack of documentation and he believes there was a failure to follow procedure He asked if the firm looked at the established policy Mr Bielat stated that there were only two basic policies one that they would keep books and records and one that disbursements would require approval Neither of those policies was followed Ms Bunting noted that the language adopted for the operation was borrowed from another jurisdiction but they did not always substitute that language for the language used in HPD The comparative level of person needed for approvals had to be referenced A Division Commander in the other locality may have meant Unit Commander here She mentioned that she had earlier stated they had just uplifted procedures and that may have accounted for some of the variance for what we would normally expect from our undercover operations However typical HPD procedures and City procedures were not followed in terms of keeping documentation and other requirements Councilman Stuart noted that this got a lot of press close to 40 articles written about it The people involved had sworn an oath to protect our community and might have made unintentional mistakes This report is important not only to the Council and the citizenry but also to those individuals He noted that this could bring a sense of closure to those individuals He asked if there was a discernible pattern of misuse or abuse of funds within the audited materials better known as the cigarette sting Mr Bielat clarified that the accounts were not audited He stated the operation was very lax with procedures not being followed or established However he believes everyone can see this report as closure Councilman Stuart noted one of the biggest disadvantages when this became public was that the most prudent thing to do was wait to find out all the information He asked if there was anything further recommended based on the research and activities conducted by the firm Mr Bielat stated that there were no more procedures he would suggest with regards to reviewing the operation The policies and procedures set for City and HPD employees is a management decision and rests with the City Ms Bunting noted that she has already made recommendations about such operations and she will summarize those again at the end of the presentation Vice Mayor Wallace summarized the operation from beginning to end The ATF approached HPD bringing their money not City taxpayer money to begin this operation They left the operation based on reasons listed in past communications When they came they brought no financial structure When they left HPD did not put one in place Once there was it was discerned by then Police Chief Jordan that there were problems and he shut the operation down The State Police were brought in to do a review and arrived at the same conclusions as had been determined at the local level that there were no prosecutable issues based on the information available The external auditor hired by the City has come again to the same conclusion that there was some sloppy bookkeeping but there were no red flags of flagrant violations in spite of the fact that there was not much documentation The community can take comfort that we have done what we can do The City Manager has stipulated this undercover process will not take place again without her prior review and consultation with the Mayor If a process such as this is undertaken again controls and procedures will be established role structures will be identified there will be clearly discerned objectives and a termination date possibly given Based on all these facts he believes this situation is completed City of Hampton VA Page 6 of 24 Printed on 41212013 City Council Meeting Minutes Mayor Ward asked Mr Bielat to finish reviewing the report Mr Bielat stated that HPD had checked everything into an evidentiary inventory His firm was presented with a list and physically identified by count the existence of all items There were certain items his firm was instructed not to physically observe Schedule G provides a detail of the assets seen and Schedule G 1 provides the remainder of the inventory His firm acknowledging that there were cigarettes being purchased and sold reconciled the amount of cigarettes using a roll forward summarized in Schedule H The numbers show that HPD sold a few more cases of cigarettes than were purchased with the only presumption being that it was leftover stock from the ATF portion of the operation Schedule I summarizes the discrepancies between the travel and entertainment purchases incurred during training and for meeting with the suspected targets of the operation and the compliance of those in accordance with Hampton policy Finally his firm reviewed the credit card purchases made where the only information available was the credit card statements Working with the detailed statements his firm prepared a list of all the activity and transactions on those various credit cards shown on Schedule J and Schedule J 1 There were no underlying invoices to corroborate each transaction Mr Bielat stated that his firm was asked to conduct a related party interview with selected people who were chosen by HPD and the City Attorney s Office The final documents in the report are the results of those related party questionnaires in order to look for conflict of interest with regards to the operation Councilman Tuck asked if the purchases made on Schedule I were made while travelling Mr Bielat confirmed this was the case as they were included in the formal accounting records as such Ms Bunting noted that her previous statements to the public bore repeating The conclusions made previously are even more relevant with this new detailed information There were lax practices in terms of accountability for an operation involving so much money The majority of the money that flowed in and out of the account was for the purchase and sale of cigarettes which Mr Bielat has supported with documentation There was insufficient HPD oversight of the necessary operational and administrative details There were quite a few expenditures that were not documented in accordance with HPD or City policy The churning account activity reflected in this report causes the City to draw the same conclusion There are lessons learned and recommendations made previously that are supported by this report Normal HPD practices were not followed There was insufficient oversight of the operation by HPD especially given the novelty of the operation Standard HPD practices for undercover operations weren t followed While this may be because the policies for the operation were copied from other similar Virginia based operations it does not excuse this operation from the normally high HPD standards She made several recommendations based off these lessons There shall be no further churning operations conducted by HPD alone unless and until such time as there s clear legal determination of local government churning authority Even then if there is a need for a churning operation the need must be specifically demonstrated in writing to the City Manager who in turn will require prior and continued consultation with the assigned staff in the City Attorney s Office A financial accountant will also be assigned to provide necessary support While there are fine men and women in HPD they are not accountants It is not her goal to make police officers accountants and bookkeepers All official agreements governing these operations in the future would be reviewed by the City Attorney prior to execution and fully executed Page 7 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes copies would be filed with the City Attorney s office Specific detailed policies would also be outlined for specific criteria regarding the spending of churned funds specifically to address what is considered or not considered to be reasonable and necessary to further an investigation She noted that upon reviewing the information in the report while there were no intentional wrongdoings there were expenses of a questionable nature For example she questioned if it was necessary to have Sirius XM Radio There might be a need for that operationally but it was not explained or detailed This is what these policies would address Any future operation would be expected to follow all City procurement ordinances without regard to the source of funds Even though these funds did not come from City taxpayer dollars but rather from the ATF this does not excuse the failure to follow City procurement procedures Officers involved would be expected to follow all existing City and HPD rules and regulations unless specifically exempted in writing by the Chief of Police with the appropriate justification detailed and approved by the City Manager and the City Attorney She hopes that Council can take comfort that safeguards have been put in place for the future Councilman Tuck stated that he appreciated the work done by the firm He is happy the report has been completed He feels there is a sense that over the past five months there has been much ado about nothing and he disagrees This is not something the media got and blew out of the proportion There were some guidelines that were clearly not followed guidelines that involved City policy There should have been more than a courtesy notice to the Council about the operation but the Council was not informed instead finding out little bits of information This was an operation that started with approximately 50 000 or 75 000 seed money and grew to approximately 3 1 million While he is not saying the people who managed that money were not aboveboard they did not keep good records of this money He concedes that in the last four months things might have been blown out of proportion because the information was not as forthcoming as it should have been He reiterated that he disagreed this was much ado about nothing He believes the recommendations should be followed but he also believes that the community has suffered and HPD has suffered unnecessarily because of this operation Much time was spent doing this operation and no one was arrested nobody was charged He believes in early 2011 there were businesses charged but people gloss over that information The City is now in the situation where it no longer has a police chief officers were given suspensions and there s a cloud over HPD that did not need to exist PRESENTED by Robert Bielat Partner with Cherry Bekaert L L P Members of Council were able to ask Mr Bielat questions Following his presentation Mary Bunting City Manager outlined the recommendations that she has made for practices in the future 2 13 0066 Briefing on City of Hampton and Hampton City Schools Disparity Study II Ms Bunting introduced Ms Jessica Spencer Minority Business Coordinator for Economic Development who will presenting a study on where the City is in regards to the disparity study that was funded through the FY2012 budget The update to this disparity study is a necessary component to maintaining the procurement practices used to encourage more spending in minority and women owned businesses Documentation is needed as to disparities that exist The first study was done many years ago and is becoming outdated A copy of Ms Spencer s presentation is attached to these minutes City of Hampton VA Page 8 of 24 Printed on 41212013 City Council Meeting Minutes Ms Spencer stated that the disparity study contract was awarded to MGT of America the same consultant that conducted the initial study for the City She reviewed team structure that will be used during the study Two subcontractors will be used both minority owned firms A Bruce Williams Associates Marketing and Transformation Consulting who will assist them with implementation of the study and working with the anecdotal information obtained at public meetings She noted she would serve as the contract administrator primarily coordinating meetings interviews with staff and submitting information from the City and School System to the consultant MGT will be submitting progress reports to the City regularly Ms Spencer then addressed the primary objectives of the study Councilman Stuart noted that one of the challenges Economic Development has faced is the lack of data available meaning some of the easiest programs could not be implemented He asked when this disparity study would get the City to the point where they know if it is possible or not to implement the program Ms Spencer responded that this second study will build upon the first The data looked at will be from the five years following the first study from FY 08 to FY 12 They will look at data for subcontractors as well as primary accounts She noted that case law has changed since the first study so depending upon the findings her office anticipates that the program can be enhanced or have increased utilization The goal is to consider firms that are ready willing and able to work so if they are awarded a contract they are able to proceed with the contract Ms Spencer stated the study is expected to be completed within one year The contractor will be reviewing the same business categories that were reviewed in the first study There are a total of nineteen tasks that must be completed She listed key dates to make sure the process remains on time This will also help monitor the information resulting from these tasks She noted they were already looking at the data maintained for the current procurement dollars Anecdotal data will be collected later in the year gathered directly from the minority businesses in the area This will be done through surveys focus meetings public meetings and face to face interviews Ms Spencer noted that a draft of the report will be completed in August or September At this point there would be a call for review questions and requests for additional clarification of the report Another draft and review will occur in December with the final report presented in January 2014 She noted that this is a rigorous schedule especially with the data collection The final report will have recommendations on how the City can increase utilization of this program Vice Mayor Wallace noted that he had indicated that Council s policy had been directed towards doing more business with the Hampton Redevelopment and Housing Authority HRHA He asked if they had been approached yet with the possibility of participating in the process since they will be issuing contracts and creating opportunities for minority business He would like to see if they are willing to participate even though they are a separate body Ms Bunting noted that she had directed that inquiry to Mr Karl Daughtrey who was currently investigating the possibility He was concerned that it might involve a change of scope to the contract because there would be additional transactions to review Ms Spencer noted that they would need to be included at this point in time and not at a later date Councilman Stuart noted that there were members of the Purchasing and Procurement Oversight Committee PPOC not including Vice Mayor Wallace in attendance He City of Hampton VA Page 9 of 24 Printed on 41212013 City Council Meeting Minutes asked for those members to be recognized Ms Spencer introduced Mr William Brown and Mr Eddie Deerfield and noted that they are supportive of the plan PRESENTED by Jessica Spencer Minority Business Coordinator Ms Spencer also introduced two members of the Purchasing and Procurement Oversight Committee who were present at the meeting Willie Brown and Eddie Deerfield 3 13 0064 Update of the Phoebus Master Plan as it relates to changes at Fort Monroe and changes in the potential markets Ms Bunting noted that the City undertook an update to the Phoebus Master Plan to ensure that the work done previously was taking into account the changes and developments to Fort Monroe and its designation as a National Monument There are new possibilities and opportunities at both of these locations because of this designation She stated there would not be any action on this item until March but it is an important update to ensure all questions are answered prior to the March meeting She introduced Mr Michael Hayes Senior City Planner who will provide an update and recommendations A copy of Mr Hayes presentation is attached to these minutes Mr Hayes stated that his office has been working closely with the community and Urban Design Associates UDA the consultants on this project as well as the National Park Service and the Fort Monroe Authority FMA to ensure cohesiveness Fort Monroe and Phoebus have a history of interdependence and this will only grow as Fort Monroe becomes more civilianized Mr Hayes discussed the changes in the area since the Phoebus Master Plan was originally adopted Fort Monroe closed as a military installation This area has experienced a recession with slow recovery Fort Monroe has been named a National Monument Phoebus has been added to the State and National Historic Registrar He showed the boundaries of Phoebus that fall under that designation He noted there were several achievements in the development of Phoebus Mr Hayes noted that this was a three phase process understanding the background information exploring various ideas and deciding on the final plan There were meetings to obtain public and stakeholder input and two different market studies conducted He noted that the public felt the overall vision still made sense He also noted that because the economy has been down some of the bigger projects will have to be put on hold but there are smaller things that can currently be done which the community would appreciate Mr Hayes listed the strengths of the community At one of the meetings the consultants stated that Phoebus was funky He noted that because Phoebus used to be its own independent town people loved the idea of funky Phoebus He also noted some of the challenges including vacant storefronts and poorly maintained properties There is also a limited amount of high quality retail meaning there are a lot of mom and pop secondhand stores and antique shops but not places you would go to buy new things He stated this area has great opportunities despite these challenges Councilman Tuck noted that a lot of the focus happens to be on the Downtown Phoebus area He asked what area of Phoebus was being discussed when referring to market Page 10 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes potential Mr Hayes displayed a map noting that the area discussed stretched from Pembroke Avenue to just past Phoebus High School He noted that this area is not always traditionally thought of as Phoebus but even including this area there is not a high number of vacant spaces for single family homes Mr Hayes noted that there are six initiative areas within the Master Plan the Phoebus waterfront area Mellen Street Mallory Street the railroad right of way enhanced gateways and two housing areas He pointed out the two yellow blocks on the map as the areas where the housing initiatives were focused Mr Hayes stated that the waterfront area would remain largely unchanged noting that this was one spot with City owned property allowing public access directly to the water There is currently a seven mile bike and pedestrian trail being worked on to connect this area directly to Fort Monroe He discussed potential phases for improvements to the waterfront property Given the current development around the area it might not be appropriate to create a full park at this time but rather phased in over time Mr Hayes stated that the same basic principles remain for the improvement of Mellen Street as stated in the original document He noted that this was the core of downtown Phoebus He displayed several appropriate types of development along Mellen Street He noted that there are opportunities for a small box form of development but it has been requested that those occur on the fringes of the area and not within the core of that historic area Mr Hayes noted that there are two key sites in the Mallory Street area that have potential for new development and a large infusion of residents He specifically discussed the Maida site where there used to be a large industrial building When the economy was not where it is now the thought had been there was an opportunity for high density development with structured parking That is no longer a reality in the foreseeable future The new plan shows surface parking while maintaining the multi family development Councilman Tuck noted that Mr Hayes had discussed design standards for the fringe of the area He asked if this meant that the businesses already along Mellen Street would not be subject to design standards Mr Hayes responded there were two sets of design standards one that is appropriate along the fringe and one that is appropriate within the core based on the buildings already in existence Councilman Tuck noted that there was one building that stood out on that street and asked if the design standards would force improvements to that particular building Mr Hayes stated that the document does not have regulatory power but these design standards would be applicable when someone requested rezoning or if the plans for a new zoning district move forward It is more for new development not existing development Councilman Stuart asked if the former Maida site was currently owned by the City Mr Hayes stated that this property was privately owned He noted that in the cases of privately owned property in the Phoebus area his office has talked to the owners to discuss the changes The owners of the Maida property were comfortable with us showing images of their property in this presentation Mr Hayes presented the plan for the old Slaughter Lumber site stating that this property is currently owned by the City It is across from a Farm Fresh and is currently vacant He City of Hampton VA Page 11 of 24 Printed on 41212013 City Council Meeting Minutes stated that this was an opportunity to infuse more residential development into the area In the original plan there was a potential for a mixed use development to include commercial buildings but that is no longer a reality moving forward While this doesn t preclude someone from coming forward with a mixed use development his office doesn t see this as being likely Mr Hayes presented the plan for the railroad right of way property mostly owned by the City It is currently vacant and there is a potential area for substantial single family development and new access breaking up a superblock near the baseball fields and St Mary Star of the Sea School property He emphasized that this would not involve taking property from the owners Mr Hayes presented the plan for the gateway development which has several key intersections that service Phoebus Fort Monroe and the Buckroe area He then discussed the various housing strategies which focused on programs in the Phoebus neighborhood such as the Curb Appeal Program The HRHA and the City own many of the lots in the area presented so this is a potential place to begin the process but it will not be limited to this area Councilman Tuck noted that he had been in discussions approximately a year ago with Mr Terry O Neill Director of Community Development as to what could be done as far as some kind of standards for improvement of Mellen Street He noted the current plan does not involve regulatory measures He asked if there was something that could be done to change this Mr Hayes noted that this addressed more of the implementation side while the Master Plan is more focused on envisioning With private property issues it becomes more difficult The community has been in discussions regarding the particular property being referenced but there is only so much the City can do without owning the property PRESENTED by Mike Hayes Senior City Planner 4 13 0065 Waterways Management Monthly Report Ms Bunting stated that today s focus for the monthly report is a program the City wishes to advance as soon as possible She noted that she had not realized Waterways Management was so far along on this issue until the report presented last month She described the gardens along roadways in Lynchburg that have signage representing the private sector company that has sponsored the garden When the idea to bring this program to Hampton was brought up years ago the Virginia Department of Transportation VDOT would not allow it She believes this program will enhance the appearance of key interchanges in the community and do so with private sector dollars but also reduce Total Maximum Daily Load TMDL She introduced Mr Weston Young Storm Water Senior Civil Engineer who will describe the grant to undertake the planning process necessary to get this project underway in accordance with State rules and regulations Mr Young noted that he mentioned the National Fish and Wildlife Foundation NFWF technical assistance grant received by the City during his last presentation This program will help the City meet the Chesapeake Bay TMDL pollution diet as well as meet several of the recommendations from the citizen led Hampton Comprehensive Waterways Management Plan The process has come to a point that requires various actions from Page 12 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes the Council to move forward He introduced Mr Proctor Harvey President of Harvey Land Design Architects and founder of the Stormwater Alternative through Green Enhancement SAGE project A copy of his presentation is attached to these minutes Mr Harvey noted that SAGE was started 20 years ago in Lynchburg Virginia and is highly successful He believes there are several key components that Hampton would be interested in SAGE is a donation funded but municipally managed program It will beautify neighborhoods while helping with TMDL VDOT stopped the SAGE program a number of years ago because they were getting an increased number of requests and did not know how to manage the program After going through a State legislator a bill was passed to continue the program He noted that the NFWF grant brings 150 000 in technical assistance more specifically the SAGE team as a NFWF approved provider SAGE comes in as partners not the provider The team gets it set up then involves all local people who will further the program Mr Harvey stated that the successful program in Lynchburg was called the Lynchburg Expressway Appearance Fund LEAF and in Rocky Mount called the Beautification and Urban Design BUD These individual names are important because the Environmental Protection Agency EPA regulations are unbelievably expensive and an individualized program will help the City pay for these with private funds These gardens include green infrastructure or Low Impact Design LID He noted that he sees Hampton as being the key city for Virginia as a whole if this is adopted to bring forth this program as a model Mr Harvey noted that this program works in difficult times because the gardens are promoted by a donor anyone from a small insurance firm to a large corporation SAGE has already made contact with some local business just to propose the initial idea and has received very positive responses The potential is here in Hampton to really take off This also reduces VDOT maintenance As far as maintenance there is a one time donation that is good for five years The donation has to be big enough for the City of Hampton to maintain it for the whole five year period At the end of the five year period the donor is typically given the option to renew Councilman Stuart noted that in some of the early pictures shared last month there were some barren off ramps fixed with shrubbery however in the pictures shared today there are fairly elaborate designs He asked how the community minimizes the amount of upkeep rather than create something that involves a lot of replanting Mr Harvey responded by stating there were two sides to the maintenance the maintenance of the infrastructure to clean stormwater and the maintenance of the plants Before the planting begins SAGE analyzes the soils and underground infrastructure They have 20 years of experience and have developed a palette of plant material that does best in looking good with the least amount of maintenance He noted that plants are living things and do take some maintenance but the donation pays for all of it Councilman Stuart then mentioned the Bartlett Pear tree and its inability to grow properly in the area He asked for confirmation that Mr Harvey s team knew what worked in this environment and what did not Mr Harvey confirmed this and noted that they would be gathering input from local landscape architects and contractors The design would be completely turned over to local people with only assistance from SAGE He believes people who have worked in the area will know the problems associated with any plants He noted that a rain garden is different than a normal garden While the plants will look pretty they have to be able to be flooded for three days and still survive as well as live without rain during the summer City of Hampton VA Page 13 of 24 Printed on 41212013 City Council Meeting Minutes Mr Harvey shared some of the donors used in Lynchburg He noted that there was a large variety of companies He stated that when the program got started there was competition among companies for one prominent interchange SAGE expects that will also be the case in Hampton The program offers a sign recognizing the donor The design of the sign is uniform in size and color There has been VDOT approval for logos There has also been discussion about adding a raindrop logo to indicate that the garden is not only a civic donation but a donation that helps clean up the Bay It is illegal outside of this program to have any signage in a right of way Ms Bunting emphasized that the sign is preselected so there is not sign clutter but a consistent look and feel She also noted that the Council retains the ability to accept or deny anyone they choose There may be some companies that want to advertise that the City does not want advertising in the roadways It becomes the community s decision as to what goes there Mr Harvey agreed and stated that just because someone wants to give money doesn t mean they automatically get a sign He noted there are definite requirements on the size coloring and lettering on the signs There are even regulations on how high off the ground the sign is allowed to be Mr Harvey stated that the grant timeline started in October 2012 and will end in December 2013 SAGE does a project assessment which is the current phase underway which works with Public Works to determine how and where the project could be implemented The second phase is business development and project promotion There has been preliminary research done in the community but nothing official has begun because they are awaiting Council approval The third phase is construction and implementation SAGE would like to identify 10 20 areas for projects in the City then work with a Corridor Committee who would help suggest locations and the businesses interested in those locations SAGE believes the key to the program is local people being involved and local donors Corporations have really taken to the program because of the signage Lynchburg has 92 donors raising almost 2 million SAGE trains local people to do this and take on the project as their own Councilman Tuck noted that this is presented as helping with TMDL and yet all that is being discussed is water going into the ground where it would go anyway with just a beautification of that ground Mr Young stated that with the bio retention system or rain garden there is infiltration into the ground but there are plants that pull nutrients and pollutants out of the soil There are several processes going on like with the plants more microorganisms are present In some cases the water off the roadway does not have time to infiltrate into grass strips but rather pushes through and hits a ditch or creek The plants slow this water down He noted that Hampton does not have the best soil so these gardens will also have sand and other materials to allow the water to infiltrate faster Plants that are selected for these areas are selected specifically for the types of nutrients and pollutants they remove from the water Mr Harvey stated that the garden was like a giant sponge that absorbs and cleans the water helping to meet the TMDL requirements Roadways are the biggest pollutants and these gardens provide an extra filtering system Councilman Hobbs asked for the average price tag for something of this nature Mr Harvey responded that they are estimating a minimum of 20 000 up to maybe 100 000 There are several contractors and suppliers that work with the National City of Hampton VA Page 14 of 24 Printed on 41212013 City Council Meeting Minutes Aeronautics and Space Administration NASA that have been interested in this program Councilman Hobbs asked if Mr Harvey had seen the area along Commander Shepard Boulevard where it is currently being extended and wanted to know how much money would be needed to take care of that area if that would be a 100 000 area Mr Harvey noted that the program allows for one sign structure every drivable mile but has room for two panels so there is eligibility for two donors He expects donation levels in that area would be around 25 000 to 50 000 because there cannot be another sign for at least one mile He noted that in Lynchburg they allow for smaller companies upon Council approval to pay over several years The program can be molded to fit the donors and the City Councilman Hobbs asked if SAGE solicits the funds themselves Mr Harvey responded negatively stating that they set up a Corridor Committee where SAGE provides workshops That committee is made up of local businesses Those people would approach their peers regarding the program and ask for their donations The City would have a liaison that would monitor the process but the program would be administered through the Hampton Neighborhood Development Partnership He displayed a typical flow chart of the process Mr Harvey stated that he hopes the program has support from Council He noted that a resolution will be coming to Council for a decision They would like to start talking to businesses immediately to begin creating a Corridor Committee Vice Mayor Wallace asked if this project would lend itself to being used on a golf course with its high traffic volume Mr Harvey stated that would be a wonderful way to expand the program SAGE usually stays on the roadways because they are the biggest polluters but it can be expanded to parks and golf courses as well although the program would have to be modified He noted that Hampton already has some small garden areas and donations could be asked for from a neighborhood to take care of those The VDOT program has certain regulations but that is roadway specific Councilwoman Snead asked for clarification on the donations if when the donation is requested it is requested for construction and maintenance for five years Mr Harvey confirmed that information Ms Bunting stated that at the end of the five years you can offer the opportunity again and if they don t want to extend their participation it can be offered to a new business The Neighborhood Development Partnership has been consulted and they are very excited about the program and are very interested in partnering with the Council should they decide to move forward She stated that unless there were concerns it would be added to the March agenda Mayor Ward stated that she was ready to discuss accepting the program in March and called for objections There were none PRESENTED by Weston Young Senior Civil Engineer and Stormwater Project Manager He was accompanied by Proctor Harvey of Harvey Design Land Architects who spoke on the Stormwater Alternatives through Green Enhancement SAGE program 5 13 0068 Discussion of Boards Commissions and Committees Process City of Hampton VA Page 15 of 24 Printed on 41212013 City Council Meeting Minutes Ms Bunting noted that Ms Glass was going to summarize the work of the Councilmembers who met to discuss this issue A written summary was provided in previous weeks but this was to engage in a full discussion Ms Glass noted that she would address each committee recommendation and then pause for discussion and questions Following a September retreat Council asked for a subcommittee to further discuss the boards committees and commissions practices The subcommitte was comprised of Councilman Moffett Councilman Stuart Ms Hudson and Ms Glass There have been several meetings since that retreat There are two sections of recommendations one section has unanimous recommendations and the second section provides several recommendations that were not unanimous and require further discussion Ms Glass stated that the primary method by which citizens indicate their interest in serving on a board commission or committee is filing an application with the City s Board Bank which is housed in the City Council Office It can be done online from the City s website or in person The committee discussed this process and believes it should continue as these applications are useful tools However it is recommended that an application not be required because there are times when members of Council come across citizens who would be good appointees in certain situations who do not have an application on file The subcommittee believed not having an application should not bar service Councilman Tuck stated that he believed an application on file should be required Councilman Stuart stated that the Council would be hamstringing itself by always requiring a Board Bank application He believes there are times when a need arises and those without an application on file are best suited for the situation Councilman Tuck noted that he would move to a change if the appointments would rotate among Councilmembers by some order such as alphabetical or level of seniority so that all Councilmembers are given an opportunity to appoint someone Mayor Ward stated that she agreed an application should not be required but she wants to see a consensus when appointing members to a board commission or committee Councilman Stuart noted that although he appreciates Councilman Tuck s point there is a difficulty in that certain people know certain aspects of the community well but not others and when a board appointment is on the table a Councilperson could be put into a position where they might have to guess from the Board Bank applications rather than having a concrete idea of who should be in the position He noted that the subcommittee did not cover this particular aspect and believes that consensus has always been the barometer for an appointment Councilman Tuck noted that he observes people getting overlooked even though they have had applications on file By changing the policy the opportunities for being appointed will go down He also noted that the City just invested in software to help the Council Office maintain the applications in a more orderly fashion He doesn t believe it sends a good message to use City funds for software and then just take anyone Councilmembers might know Councilman Moffett stated that he understands both sides He initially believed that someone should have an application on file to be considered for appointment Having Page 16 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes experienced this process for several years he has seen opportunities where changing the process would have been beneficial He believes it needs to be made clear that this is a political process The appointees serve at the pleasure of Council So while processes are in place Council is the one who determines the process He hopes that even if the policy is changed that fairness is always kept as an objective Wherever possible to be able to select and appoint the best qualified candidates is important Councilman Tuck noted that while it is a political process it shouldn t be based on patronage He does not know everyone in the City but everyone who takes the time to fill out an application expressing interest in serving deserves an opportunity and shouldn t be passed over because a Councilmember happens to know someone else He believes this will decrease the pool of people who could potentially serve who may be good candidates He noted that Council always has the right to remove someone who is not serving properly Mayor Ward stated that she believed this would increase the pool because people who submitted applications are still up for consideration and other qualified individuals are also being brought into consideration She doesn t believe it was ever meant that Council would exclude those that put in applications The intent is to expand the choices Vice Mayor Wallace stated the assumption that an individual who is recommended or suggested by a Councilmember would always be selected over someone who submitted an application is a wrong one There have been instances where individuals are suggested by Council and the person who submitted the Board Bank application prevailed Ms Glass noted that the software is in the process of being implemented a process that has been slower than anticipated It will support whatever decision Council makes regarding the Board Bank She stated that the software will be adjusted to support any decision rather than it being the driver of a negative decision Ms Glass stated that although term lengths vary by entity typically a term in Hampton is for four years and appointees are allowed to serve for no more than two consecutive terms It has been a practice for appointees completing their first term to almost always be reappointed to a second term The subcommittee believes that it is important to stress that reappointment to second terms is not automatic There were no disagreements from Council on this issue Ms Glass stated that the subcommittee suggests that attendance and completion of prerequisites and or training should be the criteria considered for each potential reappointment That information can be obtained from the staff members supporting the entity In other words before someone is brought up for reappointment staff will provide input on their attendance participation and other information to Council for consideration Vice Mayor Wallace stated that he believes the practice is that once an appointment is made the appointee receives communication from the Clerk s Office that they have been selected Ms Glass confirmed this noting that the letter states they ve been appointed asks if they are able to fulfill the appointment and directs them to the staff on the committee Vice Mayor Wallace suggested that if it is not currently suggested in the notification process the term should be provided along with specific information on the Page 17 of 24 Printed on 41212013 City of Hampton VA City Council Meeting Minutes possibility of reappointment and the rules therein Ms Glass stated that she will make sure all future notification letters address this Ms Glass stated that the subcommittee suggested that citizens be limited to serving on a maximum of two Council appointed entities This would not prohibit them from additional service under a committee formed by the City Manager s Office or other entity Vice Mayor Wallace stated that he would like to know how the maximum number of two was reached by the subcommittee Ms Glass stated that the general discussion was a desire to expand opportunities One person may fit in five places but that doesn t mean they should The subcommittee wanted to allow opportunities for others to serve Vice Mayor Wallace asked why the number was not one Ms Glass noted that is up to the City Council Mayor Ward clarified that Ms Glass was addressing two concurrent memberships and not two in a lifetime Councilman Stuart noted that the number two was decided on because one seemed draconian and eliminated the ability to use someone who either had two skill sets or served on two boards that were complementary Three seemed to be overkill He noted that they sometimes appoint applicants to so many boards it is like a full time job Ms Bunting noted that sometimes there is overlap for example a local board and a regional board that deals with the same topic and Council prefers continuity Ms Hudson stated that the subcommittee had concluded that this two board limit would not prohibit additional service on committees established by the City Manager or by the region outside of the City There was agreement that this language should be adopted Ms Glass noted the subcommittee believes that diversity in the demographic makeup of boards commissions and committees should be a goal which is strived for but it should not prohibit the most qualified candidate from being appointed In furtherance of this goal the subcommittee believes that the Board Bank application should be modified to include a voluntary self identification of gender and ethnicity Currently Board Bank applications offer no indication of ethnicity or sex She emphasized that this would be self identification and voluntary Choosing to not fill out this information would not prohibit the acceptance of the application or consideration on a board Vice Mayor Wallace stated that he did not like this idea However he subscribes to the idea that the City needs to be ethnicity and gender conscious so he will adhere to whatever the rest of Council decides Councilman Moffett noted that this was optional and the diversity is a goal the Council is striving towards but if there is a most qualified candidate he believes the Council would make sure that person is appointed He states that the self identifying optional item seems to be the best way to assist in this matter Councilman Tuck stated that he would not be in favor of self identification He stated that this was a political process and the Council knows who they are appointing so they should just appoint the best candidate Councilman Moffett stated that many years ago in a segregated system as an African American there was always a request for equality He stated that whether a board was all white all African American all Hispanic or even all female or male whatever the qualifiers might be there should always be an effort to strive towards balance If there are boards or commissions in the City that are not balanced there is a responsibility to strive towards that He stated that he did not want to live in a community that is all the same If there is an opportunity to be fair he wants to do that he wants the Council to make an effort In a City as diverse as Page 18 of 24 Printed on 41212013 City of Hampton VA  City Council Meeting Minutes Hampton he does not see this as a challenge but as an opportunity Councilwoman Snead agreed with Councilman Moffett Councilman Stuart noted that the challenge here is just like Council should not be seven engineers or seven educators there is a need for diversity One of the few ways Council has to strive for this other than the hope that someone on Council knows the candidate personally is to have this voluntary self identification The subcommittee knew this issue would be a true discussion item but when a consensus is reached if the Council errs it can be revisited The intention is certainly good and the goal is everything being equal If there is an all female board in need of male representation Council will look at prospectively equal resumes with this information Ms Hudson wanted to clarify why Council was able to have this conversation with respect to Council appointees The usual equal opportunity hiring rules do not apply to appointees because these are a volunteer and political capacity This is not an employment situation so employment law limitations do not apply Councilman Tuck suggested that in that case we should just require a picture Mayor Ward emphasized that self identification was voluntary Ms Glass noted that the recommendations from this point on were the ones where there was no consensus reached within the subcommittee The input from the entire Council is necessary Current law allows a citizen to be appointed to the unexpired portion of a term and then be reappointed to a full term while also being eligible for reappointment to a second full term While using the four year example one individual could serve for almost twelve years The subcommittee came up with two different ways of handling the issue Option one is twofold If an appointee is serving a partial term and has served less than one half of the full term then they are eligible for two full terms meaning the individual could serve for approximately 10 years If they have served for more than one half of the existing term then they are eligible for only one full term meaning the individual could serve for approximately seven years Option two eliminates partial terms If there was an appointee serving that resigned moved from the City or otherwise became unable to complete their appointment their successor would start at the beginning of the term length This would allow for the person to still be eligible for an additional full term Councilwoman Snead asked if terms were usually four years Ms Glass stated that it can be generally said the majority of boards commissions and committees created by the City of Hampton are four year terms There are some exceptions caused by State law if the entity was created by someone other than the City or if stated in the original bylaws Councilwoman Snead stated that she was supportive of the idea of removing partial terms to avoid confusion Councilman Hobbs Councilman Stuart and Mayor Ward also agreed to support removing partial term limits Councilman Tuck stated he would support the majority Vice Mayor Wallace supported the first option where the eligibility for two full terms is determined by how much of the partial term is served Councilman Stuart asked if the software could be adapted to reflect this decision Ms Glass responded that it would not be a problem City of Hampton VA Page 19 of 24 Printed on 41212013 City Council Meeting Minutes Ms Bunting noted that there is one board that is extremely unique because it exists through State law This board is the Community Services Board CSB This board has three year terms and an option for three consecutive terms not to exceed nine years This is a lifetime maximum Since the State law went into effect it has been a general rule that this board does not have partial terms Ms Glass stated that the subcommittee acknowledged in their discussions that there are certain rules that apply to certain entities that Council may not control Those will be handled as they currently are Vice Mayor Wallace asked what the rule would now be Ms Glass stated that if a person leaves a board for any reason the new appointee that fills this seat starts at the beginning of a new term They are then eligible for reappointment to a second term Councilman Stuart asked if this would give the Council some unintended but natural staggering in appointments Ms Glass noted that she was given the direction some years ago to gently nudge terms so appointments were not handled at every single meeting Because of this there are some meetings that have many appointments at once in an attempt to make appointments quarterly This effort will still be made A person serves until their successor is appointed so there is a little flexibility If it turns out to be problematic it can be addressed at that time She noted that most boards commissions and committees take staggering into consideration upon establishment starting off with varying terms that eventually become routine so a whole board is not replaced at one time Ms Glass stated that Council has an advertising and interviewing process in place for the following entities because a more specific skill set is beneficial to appointees for those purposes the Economic Development Authority EDA the Finance Committee the Hampton Federal Area Development Authority HFADA the Hampton Redevelopment and Housing Authority HRHA the Planning Commission and the Wetlands Board There was quite a bit of discussion on this topic during subcommittee meetings as well as informal polling of Council not on the subcommittee There is no clear consensus Ms Glass noted that she was the Clerk when this practice began and the intent was twofold It was to cast a wider net in seeking applicants for the entities which required specialized knowledge and skills and to have a committee evaluate those appointments It came about as happenstance when the Finance Committee was being formed the City found a gentleman with very unique talents and solicited his service That stimulated the thought of who else was in the City whose talents could be utilized Typically the committee that evaluates candidates is a subcommittee of two members of Council aided by staff support There is no rule for how many staff but it is usually a high level staffer involved with the board commission or committee a representative from the City Attorney s Office involved with the board commission or committee and sometimes the chair of the board commission or committee is included in the process The Clerk advertises in the newspaper and through other means at least three times and the candidates are then interviewed by the subcommittee She emphasized that the subcommittee makes a recommendation to the Council reporting on the interview process and the qualifications of those who applied The Council still makes the appointment Ms Glass noted that the process has been successful in some cases but it has been unsuccessful in others At times advertising does not produce the desired outcome of producing qualified candidates from outside the Board Bank Additionally the advertising City of Hampton VA Page 20 of 24 Printed on 41212093 City Council Meeting Minutes and interviewing process may create the false impression that the practice is similar to personnel hiring It is important to note that the legal requirements involved in personnel hiring do not extend to the appointment process Regardless of whether or not Council decides to continue the advertisement and interview process for these entities there is an increased need for members of Council to recruit potential appointees from the community and not to rely solely on those who apply to the Board Bank The subcommittee believes that any time Council is out in the public the closing message should be a request for the citizens to submit their time and talents so their service can be utilized There are many talented individuals who do not put in applications for the Board Bank who would serve the City well Councilman Stuart asked for the list of boards commissions and committees that are currently part of this process Ms Glass listed these again for Council Councilman Stuart noted that we have a Parking Authority and a Landfill Board and the duties and responsibilities of those two bodies versus the decisions made by those that are currently interviewed are not comparable Having participated in the interview process he firmly believes these interviews produce the best candidate despite the time consuming nature It allows Council to choose between very qualified individuals and really select the person who is best suited He noted that Council is becoming a little more casual with boards that influence Council decisions He believes this is a critical function Mayor Ward asked if the qualification levels would be changed on these boards Ms Glass stated that Council can still evaluate the skill set of each individual without advertising and interviewing candidates The skill sets were developed by staff and approved by Council and that is not being considered for change at this time Councilman Hobbs supported keeping the advertising and interviewing process Councilman Tuck stated that he has some concerns about the process There have been times where Council has advertised and interviewed and not selected the recommended candidate He is not sure we need to advertise and interview but rather just go with submitted applications looking at the skill set presented Councilwoman Snead stated she did not support advertising and interviewing She believes these are some of the most important boards and commissions in the City She believes the interview process could be kept but recommendations should come directly from Council Councilman Moffett stated that he is split on the question He believes the boards and commissions on the list are very important and he has served as an interviewer on several occasions However he understands the concerns of the other members of Council when they believe it should be a Council decision He feels he can go either way in the situation and unless there is a tie he will abstain Ms Glass clarified that even when there is an advertisement and interview process the interview committee makes a recommendation to the body of the Council The Council makes the appointment The Council does not have to go with the committee recommendation Councilman Stuart reiterated his support for the advertising and interviewing process to remain Vice Mayor Wallace noted that these are some of the most significant bodies appointed by Council He believes they should be done with care and deliberation He believes whether an interview process is in place or not Council should be able to submit another candidate In view of the fact that Council is formalizing the appointment City of Hampton VA Page 21 of 24 Printed on 41212013 City Council Meeting Minutes process if the interviews are done it would be incumbent upon the Councilmember who submits a name outside the interview process to provide a resume of the person they are submitting for appointment This will give the Council some context to make some judgments about the individual that comes outside of the interview process If there is not an interview process and these are as important as claimed resumes should be submitted for every candidate suggested Mayor Ward noted that she is very torn She has not seen the advertising and interviewing process go smoothly over the last four years She suggests that it is taken on a case by case basis If Council can come to a consensus on someone whose skill set is needed for a particular board or commission without advertising and interviewing then they should forego the process If consensus cannot be met or there is a need for a skill set that cannot be addressed by someone Council knows of then the advertising and interviewing process can be utilized Ms Glass cautioned Council about choosing a case by case basis She stated that when there have been very few applicants after an advertisement she will call people who expressed interest in the past two or three years and ask for resumes Sometimes this is successful sometimes it is not Most of the time Council knows when a person is leaving one of these bodies If someone leaves earlier than anticipated and Council does not have advance knowledge if Council is not able to provide a person to fill that place it takes a long time to run the advertisements and do the interview process There is no week turn around but rather closer to a month or more Mayor Ward stated she feels this fit closely with her case by case analysis of the situation If there is a desperate need they will not have to wait for advertising and interviewing Councilman Moffett stated that he supported the case by case method as it gives Council flexibility Councilwoman Snead also supported the case by case method but stated she could agree to the advertising and interviewing process if Council does the interviews and not just two representatives She believes it could be done as part of their closed sessions Councilman Hobbs voiced his support of the case by case method Vice Mayor Wallace asked for a clarification on what the case by case method would entail Ms Glass stated that when there is a vacancy she would bring it to Council and they would make the decision to whether or not advertise PRESENTED by Katherine Glass Clerk of Council representing the committee of Councilman Moffett Councilman Stuart and Cynthia Hudson City Attorney 6 13 0067 FY 14 Budget Process Update Ms Bunting stated that she would like to remind the public that the City is in the process of doing the budget outreach conducted on a yearly basis She and Dr Linda Shifflette Hampton City School System Superintendent made a presentation to Council and to the School Board approximately two weeks ago That presentation replays on Channel 47 and is available on the City and School System s websites The basic message is that Hampton is at a crossroads and maximum public input is needed to determine what should be done as far as investments and cuts The first forum was last night at Kecoughtan High School Approximately 140 citizens came to voice their opinions The public forums are a great process because they are able to answer questions and solicit public input There are three more over the next two weeks Saturday March 2nd at Bethel High School at 9am Thursday March 7th at Hampton High School at 6 30pm City of Hampton VA Page 22 of 24 Printed on 41212013 City Council Meeting Minutes and Saturday March 9th at the Ruppert Sargent Building at 9am Once these are completed there will be online polling PRESENTED by Mary Bunting City Manager Ms Bunting indicated that a public input session on the budget was held last night at Kecoughtan High School Additional opportunities will be available on Saturday March 2nd from 9 until 11 a m at Bethel High School on Thursday March 7th from 6 30 8 30 at Hampton High School and on Saturday March 9th from 9 until 11 a m at the Ruppert Sargent Building REGIONAL ISSUES NEW BUSINESS CLOSED MEETING 7 13 0069 Closed session pursuant to Virginia Code Section 2 2 3711 A 3 to discuss or consider the acquisition and or disposition of publicly held real property in the Fox Hill area where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City and to discuss a litigation matter pursuant to Virginia Code Section 2 2 3711 A 7 APPROVED Motion made by Vice Mayor George E Wallace Seconded by Councilmember Will Moffett Ayes 6 W H Billy Hobbs Jr Will Moffett Chris Snead Donnie R Tuck George E Wallace Molly Joseph Ward Nays 0 Absent 1 Christopher G Stuart CERTIFICATION 8 13 0070 Resolution Certifying Closed Session WHEREAS the City Council of the City of Hampton Virginia has convened a closed session on this date pursuant to an affirmative recorded vote made in accordance with the provisions of the Virginia Freedom of Information Act and WHEREAS Section 2 2 3712D of the Code of Virginia requires a certification by the City Council of the City of Hampton Virginia that such closed meeting was conducted in conformity with Virginia Law NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hampton Virginia hereby certifies that to the best of each member s knowledge i only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed session to which this certification resolution applies and ii only such public business matters as were identified in the motion convening the closed meeting were heard discussed or considered by the city council of the city of Hampton Virginia City of Hampton VA Page 23 of 24 Printed on 41212013 City Council Meeting Minutes ADOPTED Motion made by Councilmember Will Moffett Seconded by Councilmember W H Billy Hobbs Jr Ayes 7 W H Billy Hobbs Jr Will Moffett Chris Snead Christopher G Stuart Donnie R Tuck George E Wallace Molly Joseph Ward Nays 0 City of Hampton VA Page 24 of 24 Printed on 41212013  r r City rH pt C it Ad 1 r sp nfrnodrye t coanAm Y x M Regl fd 5mffh g 1 i6TTe h k IAdW oes ss 1 m M A phe F H h M J D l N f F g MGT Pro eal DlrcROr M V elto lA h if 5 Y A Y Dat CaCertbn6AVaWh ty dotal Dala AnaM6Team le5ai POliry Analysis Team pdvrte S rtorpnalysis Team AnaM6Teem Dn HedSeamen Dr l VliuenfFugon hU HOpe Snifh u hl yn Ny Tmm ammlon Ce uuhG e ABWAAb tLVI IAhohetleq Strategic Area 5 Str 1 gic Area 5hde 3 U 4 4 If the City and Schools in the past or currently engages 4 Study period in discriminatory practices in the solicitation and award 4 July 1 2007 June 30 2012 of contracts to M WBE vendors 4 If a legally justified need exists for the continuance of a 4 Study Business Categories M WBE program in accordance with guidelines set forth 4 Construction by the Supreme Court and subsequent case law 4 Architecture and Engineering 4 Professional Services 4 Provide recommendations for modifications to the City s 4 Other Services 2009 MANBE program including the consideration of 4 Goods and Supplies race and gender based programs based upon Study findings Strategic Area Strategic Area S fide 6 56de 6 February 2013 a August September 4 Kick off meeting F Preliminary utilization analysis 4 Data collection 41 Preliminary availability analysis 4 March 4 September October 4 Legal review f Preliminary disparity analysis 4 Policies procedures and programs 4 December 4 Assess data P Prepare and present draft report 4 May 4 January 2014 4 Data collected P Final report 4 Anecdotal data Strategic Area Strategic Area Slide 7 Sfde 8 2 J Strategic Area Slide 9  4 2 2013 j National Park f service 1  Accomplished since 2007 A Three Phase Process New American Theater expansion Farm Fresh commercial area expansion 1 Undersuwdhig Figuring out what is going on 2 Tailoring Trying out some ideas Old Point Townhomes 3 Deciding Clioosing what to do all tvitli Mercury Boulevard and Woodland Road broad based participatiou investments L Understariding Public Stakeholder Input Fort Monroe Meeting June 19 Commercial Market Study Update Business September 19 Property Owners Housing Market Study Update Partnership for a New Phoebus September 19 Phoebus Community Meeting October 18 Business Property Owners November 8 Partnership for a New Phoebus November 8  Public Stakeholder Input Existing vision and framework remain valid Build on strengths Independent local busin ses Take action e Take Action and Build Momentui Show Visible Progress Demonstrate Commitment Short Actions to Advance Long Term Goal Set the Stage for Future Success  Ccnimercial Market Study Update Challenges Vacant storefronts Abandoned properties Proximity to Fort Monroe Poor property building maintenance ortunerciar ivrarxet tucty upcx Key Findings Support for additional restaurants Support for arts district and related re Fort Monroe development could enhance Limited amount of high quality retail retail opportunities Limited office potential f loLzsh g Market Study Update Assets Mill Creek waterfront Adjacency to Fort Monroe Preference for rental housing has more than Proximity to Downtown Historic traditional character I 64 Access Housing ME Ke Pn anFi fnrr selected vacant single family lots Higher percentage of younger singles and couples in the target market 59 4 2 2013 4 2 Z0l3 4 2 2013 4 2 2013  SAGE is a donation funded municipality managed program Beautifies the local sireetscope Helps to meet TMDL requirements through Green Infrastructure Aligns with CWMP Strategies SW31 SWID SW3E and SWIB February 27 2013 Council Briefing snae 2 AGE NFWF Technical Assistance Hampton SAGE I50K for Program Implementation EFC SAGE Kimley Horn and City Gardens promote economic development iourism and litter control Municipalities embrace the program because the gardens design and Highly Successful Roadway Beautification installation with LID features are covered by private donations Program in Lynchburg VA LEAP The SAGE program reduces VDOT s maintenance puts consultants and local small confractors back to work and instills community pride Private Funding for Green Infrastructure Projects Strategies SW3D SW3E Gardens Include Green Infrastructure T 5 to Help Meet TMDL Requirements Strategies SWl B SW t D Hampton s program will be a model for other municipalities in Virginia and later in Maryland and other bay sfafesl Council Brierng snde 3  AGE Council Briefing Slid 6 1 Local businesses must be engaged and introduced to the Hampton SAGE Program OtzikrC I b is Utilize local news outlets such as the Dally Press to advertise the program and request business participation Defiverables Select business leaders will be chosen to serve on a Corridor f M m 00101 w Committee to help engage additional businesses through peer to peer connections Businesses will have the opportunity to select gardenhvater Council Briefing quality infrastructure locations CouncilBrienng slide i slide e 2 SAGE Pja 1 iisrill h lp nl I MDL Req efnt itS February 27 2013 Council Briefing SM 9 CAGE Support for the Hampton SAGE Program Council Resolution to be presented in March 2013 Approval to begin marketing and engagement of businesses immediately Council Roaring Slide u 3